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GURLEY v. WILSON

No. 12985.

239 F.2d 957 (1956)

Larry T. GURLEY, Appellant, v. Charles E. WILSON, Secretary of Defense, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1956.

Petition for Rehearing Denied November 21, 1956.

Attorney(s) appearing for the Case

Mr. Robert L. Ackerly, Washington, D. C., for appellant.

Mr. Milton Eisenberg, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellees. Mr. Oliver Gasch, U. S. Atty., also entered an appearance for appellees.

Before PRETTYMAN, WILBUR K. MILLER and DANAHER, Circuit Judges.

PER CURIAM.

That laches may bar appellant's relief is not to be doubted, Grasse v. Snyder, 1951, 89 U.S.App.D.C. 352, 192 F.2d 35, indeed the doctrine may be applicable here. But the record lacks findings as to the particulars upon which the court relied when appellees' motion for summary judgment was granted on that ground.

The appellant had been discharged from Government employ for failure to pay to a Government dispensary...

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